Category Archives: IP Litigation

2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans



2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and VansIn this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Vans and MSCHF, over MSCHF’s new sneaker line that contains “striking visual similarities” to Vans shoes and packaging.

Watch this episode on the Weintraub YouTube channel, here.


Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision



Update - Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use DecisionIn this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material.

Watch this episode on the Weintraub YouTube channel, here.


The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith



The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and GoldsmithIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a photographer’s copyright infringement action against the Andy Warhol Foundation, over several Warhol paintings that utilize the photographer’s images as source material.

Watch this episode on the Weintraub YouTube channel, here.


An Idea Doesn’t Have to be Novel to be Stolen (In California)



An Idea Doesn't Have to be Novel to be StolenIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case.

Watch this episode on the Weintraub YouTube channel, here.


SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP



SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. HandM Hennes and Maurits, LPIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022.

Watch this episode on the Weintraub YouTube channel, here.


Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles



Cookie Co's Motion to Dismiss Trademark Lawsuit by Restaurant CrumblesIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a trademark dispute between a restaurant and a craft cookie maker, over the use of similar marks for cookies.

Watch this episode on the Weintraub YouTube channel, here.


Nike Tries to Stomp Out StockX’s Attempt to Sell NFTs of Nike Sneakers



Nike Tries to Stomp Out StockX's Attempt to Sell NFTs of Nike SneakersIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss Nike’s attempt to stop StockX from selling NFT’s of Nike sneakers.

Watch this episode on the Weintraub YouTube channel, here.


More NFT Confusion: Art Collector Files Lawsuit to Establish Right to Turn Painting into NFT



In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss an art collector’s attempt to turn a painting that was purchased into a series of NFTs, and the artist’s estate’s effort to stop it. Continue reading More NFT Confusion: Art Collector Files Lawsuit to Establish Right to Turn Painting into NFT


Jack’s Lawsuit Against FTX is Back in the Box



Jack's Lawsuit Against FTX is Back in the BoxIn this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo provide an update on the legal dispute between fast-food chain Jack in the Box and cryptocurrency exchange FTX.

Watch this episode on the Weintraub YouTube channel, here.